The submission of SDLT repayment claims under FA 2003, s 44(9) was subject to the same general time limit as for land transaction returns, and HMRC’s appeal was allowed. 

On 9 August 2012, the taxpayer entered into two separate contracts: (1) an agreement for a lease of the property for 25 years for a premium of £20 million (the ‘initial lease’). The initial lease was granted on 1 October 2012; and (2) the assignment of a separate lease (the ‘contracted-out lease’) of the property for 201 years from 1 October 2012 for £48 million, payable in four instalments; the first was paid on 1 October 2013. 

On 1 April 2014, the taxpayer gifted his interests in the property (the initial lease and benefit of the agreement for the assignment of the contracted-out lease) to his brother (‘NC’). The